Requires attorneys to file a record of a criminal conviction in any court in the United States with the appellate division

BILL NUMBER:S5078

Title of bill

An act to amend the judiciary law, in relation to reporting an attorney's conviction of a crime to the appellate division

This measure is being introduced at the request of the Administrative Board of the Courts{1}.

This measure would amend section 90(4)(c) of the Judiciary Law to require that an attorney, upon his or her conviction of a crime in any court, file the record of his or her conviction with the Appellate Division within 30 days of that conviction.

Under present section 90(4)(c), such filing requirement only applies where an attorney has been convicted of a crime in a court of record. It does not apply where an attorney is convicted of a crime in a court not of record{2}.

This exception for convictions entered in courts not of record is anomalous. For example, an attorney convicted of a DUI in a City Court must report that conviction to the Appellate Division while an attorney convicted of the same offense in a neighboring Town Justice Court has no obligation to report that conviction. This makes no sense and certainly does not serve the larger public policy underlying the filing requirement, i.e., to facilitate discharge of the Appellate Divisions' responsibility to superintend the practice of law in New York by ensuring that the Appellate Divisions receive prompt notification of an attorney's criminal conviction{3}. An attorney's criminal offense is no less worthy of professional discipline where it is determined in a court not of record than it is in a court of record. The distinction between courts of record and not of record drawn by the statute is largely obsolete today as proceedings in most Justice Courts are fully recorded and because Town and Village Justice Courts enjoy the same criminal jurisdiction within their respective municipalities as do City Courts, District Courts and the New York City Criminal Court - all courts of record - i.e., preliminary jurisdiction of all offenses and trial jurisdiction of misdemeanors and violations. Accordingly, we urge that the exception be eliminated and that the statute require attorneys convicted of crimes, in whatever court, file a record of their conviction with the Appellate Division.

This measure would have no fiscal impact on the State. It would take effect immediately but apply only to convictions entered on or after such effective date.

Legislative History: None. New proposal.

{1} The Administrative Board is made up of the Chief Judge of the State and the Presiding Justices of the four Appellate Divisions.

{2} In New York, all courts are courts of record except Town and Village Justice Courts. See, Judiciary Law § 2.

{3} Unless the Appellate Division grants an extension of the 30-day filing period for good cause shown, the failure to comply with the requirement constitutes professional misconduct.